Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 768
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/01/2022           .                                

       The Committee on Appropriations (Rodriguez) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 305 - 327
    4  and insert:
    5  department rule. The department may select a random sample
    6  marijuana from any medical marijuana treatment center edibles
    7  available for purchase in a dispensing facility which shall be
    8  tested by the department to determine whether that the edible
    9  meets the potency requirements of this section, whether the
   10  marijuana is safe for human consumption, and whether the edible
   11  labeling of the tetrahydrocannabinol and cannabidiol
   12  concentration is accurate. The department may also compare the
   13  marijuana labeling of tetrahydrocannabinol and cannabidiol
   14  concentration to the testing laboratory results and may sample
   15  marijuana delivery devices from a dispensing facility to
   16  determine whether the marijuana delivery devices are functioning
   17  in accordance with the specifications provided to, and approved
   18  by, the department. A medical marijuana treatment center may not
   19  require payment from the department for the sample. If ordered
   20  by the department, a medical marijuana treatment center must
   21  recall all edibles, including all edibles made from the same
   22  batch of marijuana, which fail to meet the potency requirements
   23  of this section, which are unsafe for human consumption, or for
   24  which the labeling of the tetrahydrocannabinol and cannabidiol
   25  concentration is inaccurate; recall all other marijuana from the
   26  same batch of marijuana tested which is unsafe for human
   27  consumption; and recall all marijuana delivery devices
   28  determined to not be functioning in accordance with the
   29  specifications provided to, and approved by, the department. At
   30  any time before marijuana is dispensed to qualified patients or
   31  caregivers, the medical marijuana treatment center may correct
   32  the labeled potency to display accurate concentrations. By
   33  October 1, 2022, the department shall establish by rule an
   34  expedited process for retesting samples of marijuana and
   35  marijuana delivery devices before ordering a recall, a process
   36  for notifying patients of dispensed marijuana if the
   37  concentration labeling differs from the laboratory testing
   38  results, and a process for randomly auditing and inspecting
   39  testing laboratories to ensure accurate marijuana testing
   40  results. The medical marijuana treatment
   42  ================= T I T L E  A M E N D M E N T ================
   43  And the title is amended as follows:
   44         Delete lines 20 - 28
   45  and insert:
   46         department to sample marijuana from medical marijuana
   47         treatment center facilities for certain testing;
   48         authorizing the department to sample marijuana
   49         delivery devices from dispensing facilities to
   50         determine whether such devices are functioning in
   51         accordance with approved specifications; requiring
   52         medical marijuana treatment centers to recall
   53         marijuana and marijuana delivery devices, rather than
   54         only edibles, under certain circumstances; authorizing
   55         medical marijuana treatment centers to correct the
   56         potency labeling on marijuana at any time before
   57         dispensing; requiring the department to establish
   58         certain processes by rule by a specified date;
   59         exempting the department and